HomeMy WebLinkAbout04 - Newport Coast Flow & Water Quality AssessmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
April 12, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 - 644 -3311
rstein @city. newport- beach.ca. us
SUBJECT: NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
WESTON SOLUTIONS
RECOMMENDATIONS:
1. Approve a Budget Amendment increasing the current year appropriation for the
Newport Coast Watershed Program, Account No. 7251- C5100779, by $125,000.
2. Approve a Professional Services Agreement with Weston Solutions Inc., of
Carlsbad, California, for flow and water quality assessment tasks in Buck Gully and
other canyons in Newport Coast at a contract price of $374,890 and authorize the
Mayor and City Clerk to execute the Agreement.
DISCUSSION:
The City has initiated a watershed management program for Newport Coast. One of
the primary goals of this program is to protect sensitive marine life areas along this
stretch of coastline from Little Corona to Morro Creek. Dry- weather runoff carrying
pollutants, fertilizers or pesticides down the seven coastal canyons could be negatively
impacting these marine life areas. This study will identify in detail, sources of dry-
weather flow in Buck Gully and characterize the bacterial loading in the canyon.
Additionally, this study will monitor flow and water quality at the canyon mouths of
Morning Canyon, Pelican Point canyons, Los Trancos, Muddy Creek and Morro Creek.
Seven firms responded to the City's request for qualifications /proposals:
• DMc Engineering
• Dudek & Associates, Inc.
• Geomatrix
• Miller Brooks Environmental, Inc.
• Psomas
• RBF Consulting
• Weston Solutions
SUBJECT: Newport Coast Flow and Water Quality — Approval of Professional Services Agreement with Weston Solutions, Inc.
April 12, 2005
Page 2
The proposals were independently reviewed by four reviewers to evaluate each firm's
qualifications, past experience on similar projects, and project understanding before
ranking Weston Solutions Inc. (Weston) the highest. Upon selection, staff negotiated
with Weston to provide the necessary scope of services for a fee of $374,890,Weston
has completed dry and storm weather monitoring services competently and
professionally on similar projects for the Cities of San Diego, Vista and Solana Beach
as well as for other local agencies in Southern California.
The scope of Weston's professional services will include obtaining existing data and
reports, preparing a dry weather source identification plan, sampling and analysis plan
and quality assurance project plan, conducting a dry weather source investigation,
performing wet and dry flow and water quality investigations, preparing a drainage
analysis of Buck Gully, performing a pollutant loading evaluations for the Newport Coast
canyons, and preparing a watershed assessment report with recommendations.
Environmental Review:
This project falls under the Information Gathering class of projects and is therefore
categorically exempt per CEQA Guidelines, Article 19, Section 15306.
Funding Availability:
The recommended Budget Amendment will increase the current fiscal year's
appropriation by $125,000. These funds will be reimbursed from the Proposition 13
Newport Coast Watershed Program Grant. Upon approval, funds for the project will be
available in the following account:
Account Description Account Number Amount
Contributions 7251- C5100779 $374,890
Prepared by:
rv",t�4A ) X/\--
Robert S ein,
Principal Civil Engineer
Attachment: Professional Services Agreement
Submitted by:
Stephen G. Badum
Public Works Director
PROFESSIONAL SERVICES AGREEMENT WITH
WESTON SOLUTIONS
FOR NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT
THIS AGREEMENT is made and entered into as of this _ day of
2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and WESTON SOLUTIONS, INC., a corporation whose address is 2433
Impala Drive, Carlsbad, California, 92008 ( "Consultant'), and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has initiated a watershed management program for Newport Coast, and is
preparing assessments that will lead toward implementing measures to protect
the marine life areas along the stretch of coastline from Little Corona Beach to
Morro Creek in Newport Coast.
C. City desires to engage Consultant to monitor flows and pollutants in eight
Newport Coast canyons, including Buck Gully and Morro Canyon, and prepare a
comprehensive Watershed Assessment Report with recommendations
('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be David H.
Pohl, Ph.D., P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 '` day of December, 2006, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Fee Schedule
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Three
Hundred, Seventy -Four Thousand, Eight Hundred Ninety Dollars and
no /100 ($374,890.00) without additional authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
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A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Fee Schedule
as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated David H. Pohl,
Ph.D., P.E., to be its Project Manager. Consultant shall not remove or reassign
the Project Manager or any personnel listed in Exhibit A and B or assign any new
or replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Robert
Stein, P.E., shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
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materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
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limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his duly
authorized designee informed on a regular basis regarding the status and
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progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or, higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
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under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
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F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services
to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of
City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
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accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Consultant shall be entitled to receive interest on
any withheld sums at the rate of return that City earned on its investments during
the time period, from the date of withholding of any amounts found to have been
improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project,
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
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27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Robert Stein, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: David H. Pohl, Ph.D., P.E.
Weston Solutions, Inc.
2433 Impala Drive
Carlsbad, CA 92008
Phone: 760 - 931 -8081
Fax: 760 - 931 -1580
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
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29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
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36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp
Assistant City Attorney
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
WESTON SOLUTIONS, INC.:
20
(Include Title of Authorized Signatory)
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Fee Schedule
F:\ USERS \PBW\Shared�Agreements \FY 04- 05 \WESTON- Newport Coast Flow C- 3748.doc
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1. Task Related
The City of Newport Beach (City) is creating a Newport Coast Watershed Program. The objectives of
your Program are to:
• reduce negative impacts to the Marine Life Refuge Areas
i • stabilize and restoree the watershed canyons
• create the groundwork for an evolving and refined watershed restoration and maintenance
program through educational and training programs for City staff, the community and
stakeholders
j The City is seeking the services of an outside consultant to implement this program as outlined in your
Proposition 13 grant proposal. You are seeking to hire a consultant for one year to:
• identifv sources of dry- weather runoff in Buck Gully
• determine characteristic flows and pollutant constituents in critical reaches of Buck Gully for dry-
weather and storm flows
• determine characteristic flows and pollutant constituents at (or near) the mouth the other seven
coastal canyons
Your consultant will compare and evaluate the pollutant loadings among the canyons and prepare
recommendations for future monitoring and assessments. The Weston Solutions (formerly MEC
Analytical Systems i team is the ideal group to serve you on this project. We have the ability and
experience to operate this program for the City as specified in your request for proposal (RFP) and Your
Proposition 13 grant application.
a. Project Understanding
Weston understands the importance of the proposed Newport
Coast Flow and Water Quality Assessment project in further
addressing the key objectives of the watershed program of
reducing negative impacts to Marine Life Refuge Areas,
stabilizing and restoring the watershed canyons, and creating the
groundwork for restoration, maintenance, and community
outreach program. The one -year program that is outlined in the
RFP will provide the City with key data on dry weather sources,
flow, loading and pollutant constituents in the mouth and reaches of Buck Gully; and at (or near) the
mouth of the other seven coastal canyons. These program objectives will be the basis for the Data
Quality Objectives stated in the Monitoring and Quality .Assurance Project Plans. The monitoring
program will be developed to address these objectives as well as those that allow for comparison of the
pollutant loading, and development of recommendations to minimize impacts to the canyons and
receiving water. Our 'team's approach to this project begins with the identification of the overall and
specific program objectives.
The primary objectives of the Newport Coast Flow and Water Quality Assessment project are to identify
sources of pollutants and loads in dry and wet weather flows, complete a drainage analysis for Buck
Gully, and evaluate pollutant loading from the drainages within the study area In addition, it is important
to leverase the results of the study so that the data can be applied to future regulatory requirements (e.g.,
NPDES permit requirements, ASBS issues, and TMDL load allocations) and serve as a baseline for future
studies. lVeston Solutions has developed a thorough and balanced monitoring and investigation program
Newport Coast Flow and Water Quality Assessment
H
that has been specifically designed to the unique characteristics of the study area to achieve the project's
- short and long-term goals. The study design has been created using Weston's extensive experience in
watershed assessments, particularly in areas with challenging, complex environmental questions. The
primary elements that make the design effective are discussed below.
JFlexibility. Weston has produced a study design that allows for flexibility in identifying sources
of pollutants within the project area. As data from the basic monitoring is collected, it will be
analyzed to identify areas within the watershed where pollutant loads are greatest. These areas
will then become the focus of intense source investigations. The design is flexible in that it
allows Weston to create an additional study plan to clearly identify the source or sources of
pollutants in the watershed after the basic monitoring results have been analyzed. In this way the
source investigations can be tailored specifically to the characteristics of the primary constituents
of concern. Weston has been very successful in utilizing this flexible approach, in terms of
achieving regulatory approval prior to project initiation and in answering complex environmental
questions.
• Innovation. The Weston study design for the project is innovative in several ways. It provides a
combination of techniques to monitor flow and assess loads from the drainages within the project
area, including complex mass loading stations to collect flow weighted composite samples during
wet and dry weather events, flow measurement techniques ranging from automated samplers to
stream ratings, and two constituent lists, which will provide the necessary load estimates while
maximizing resources. In addition, the pollutant source investigations may utilize a variety of
techniques with which Weston is familiar, ranging from field test kits to cutting edge molecular
source tracldng and modeling.
• Cost Effectiveness. The Weston approach to the project study design is very cost effective. It
has been specifically designed to address both the short and long term objectives of the study
while considering the unique characteristics of the project area. The design is tiered so that the
majority of the resources (monitoring as well as chemistry) a'e applied to Buck Gully Creek and
Moro Canyon where the majority of the information is needed. Intermediate resources are
applied to Morning Canyon Channel, Los Trancos Creek, and Muddy Creek. Monitoring in the
smallest drainages (Pelican Point Creek. Pelican Point Middle Creek, and Pelican Point Waterfall
Creek) was nalUn red. In addition, because analytical costs can be a large portion of the
watershed assessments, two constituent lists have been dev6.oped. Aalytes in Tables A & B
from the California Ocean Plan wall be used where the most diverse constituent list and greatest
loading are expected and to establish reference conditions. A focused list with. a reduced number
of analytes that are expected to be seen in the watershed (based on experience with similar
assessments) will be used in other areas, thus providing the required loading estimates for
minimal cost.
• Achieving Short and Long -Term Goals. As discussed above, there are several basic objectives
that will be addressed with this study. However, due to the complex and dynamic nature of the
rea laiory environment in California, Weston tries to leveraee the results of particular studies so
that the basic objectives are achieved and the data can also be used to support future studies. The
study, design for the ewport Coast Flow and Water Quality Assessment will provide a thorough
analysis of constituents of concem and loadings within the watershed, as well as providing
important baseline information for future regulatory issues, such as Areas of Special Biological
Significance (ASBS) and TAfDLs.
Newport Coast Flow and Water Quality Assessment
WESTON SOLUTIONS
NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT
SUMMARY OF TASKS
March 30, 2005
Task i — Research
The effort under this task includes obtaining available data and reports pertinent to the
flow and water quality assessment. Weston will complete the subtasks as stated in the
Request for Proposal Scope of Work. The subtasks include:
1.1 Collect and Review Previously Prepared Studies and Land Use Plan within the
Buck Gully Watershed Area.
1.2 Contact SCCW'RP for Water Quality Data
13 Review State and Federal Standards for 303(d) Streams in Area
1.4 Research Water Quality Issues with regard to Impact on Marine Refuge Areas
The deliverable for this task will be a Technical Memorandum listing the documents and
data obtained and review, a summary of the findings from this review, and identification
any data gaps relevant to the Flow and Water Quality Assessment.
Schedule Milestone: Completion of Technicallllemorandum on DataReriew
Task 2 — Source Identification. Flow Measurement and Water Quality monitoring
The subtasks under Task 2 include preparation of the work plans and completion of the
flow and water quality monitoring. The work plans include the Dry Weather Source
Identification Plan, Sampling and Analysis Plan (SAP) and Quality Assurance Project
Plan (QAPP). The Source Identification Plan will be incorporated into the overall project
SAP and QAPP, since the goals and objectives of the source identification program are
tied to the overall SAP and QAPP. The SAP and QA-PP will be prepared as separate
documents, but follow the same schedule. The subtasks for the work plans are as
follows:
2.1 Submit Outline of the SAP & QAPP — Outlines will be submitted to the City for
review
Schedule Milestone: Submittal of SAP and OAPP Outline
12 Prepare Draft and Final Dry Weather Plan — The Dry Weather Source
Identification Plan will be part of the SAP and QAPP. A separate plan will not be
completed because the goals and methodologies are tied to the overall program
discussed in the SAP and QAPP.
Schedule Milestone: Submittal of Draft and Final Dt)., Weather Source
Identification Plan
2.2.1 Reconnaissance Survey for Dry Weather Source Identification - During the
preparation of the Dry Weather Source Plan, which will be incorporated in the
SAP and QAPP, a reconnaissance survey will be performed to identify potential
sources and highlight these finding in the plan to better focus the field program.
2.3 Prepare Draft and Final SAP —The draft SAP will be reviewed by the City of
Newport Beach. Once review comments are received, the final SAP will be
completed for final approval by the City. The SAP does not require approval by
the S WRCB in order to proceed with the field program. However, a copy of the
SAP will be provided to SWRCB for comment.
Schedule Milestone: Submittal of Draft and Final SAP
2.4 Prepare Draft and Final QAPP - The draft QAPP will first be reviewed by the
City of Newport Beach. Comments will be incorporated and the revised Draft
QAPP will be submitted to the SWRCB and RWQCB for review. Once review
comments are received, the final QAPP will be completed for final approval of
the SR'RCB. The QAPP requires approval by the S'JJRCB in order to proceed
with the field program.
Schedule Milestone: Submittal of Draft and Final OAPP
2.5 Conduct Dry Weather Source Investigation — The dry weather source
investigation will be conducted following approval of the QAPP during the summer
and fall dry season to pinpoint dry- weather sources (stormdrains, private drains,
irrigation runoff, groundwater seepage, etc The mean and standard deviation and
maximum flows for each significant source will be determined. This investigation
will be conducted in conjunction with the summer /fall dry weather sampling
program.
2.6 Perform Wet and Dry Flow and Water Quality Investigations — These
investigation will be conducted as three separate subtasks:
2.6.1 Summer — Fall Dry lVeather Flow Measurement and Sampling Program —(See
Table 1 for Dry Weather Monitoring Program)
2.6 .2 Winter—Spring, Dry Weather Flow Measurement and Sampling Program —
(See Table 1 for Dry Weather Monitoring Program)
2.6.3 Wet Weather Flow and Measurement Program -(See Table 1 for Dry Weather
Monitoring Program)
Task 3 —Buck Gullv Drainage Analysis
Under this task, WR C will update the 10- and 100 -year hydrographs using the rainfall -
runoff relationship derived from monitoring with correction pf groundwater seepage (if
any) found from Tasks 5, 2.6.1 and 2.6.2. WRC will extend tae HEC -RES model to
include the entire channel (using the 2 ft. topographic maps and assuming up to five
additional sections) and perform hydraulic modeling using the new 10- and 100 -year
hydrographs.
Schedule Milestone: Submittal of Updated Hydrographs/Model Results
Task 4 — Pollutant Loading Evaluations
This task includes the following subtasks:
4.1 Calculate the Characteristic Pollutant Loadings Profiles for Buck Gully for the
Wet and Dry Seasons
4? Calculate the Characteristic Pollutant Loadings at (or near) the Mouths f the Other
Seven Canyons for the Wet and Dry Seasons
43 Compare the Pollutant Loadings Measured for Each Canyon with those Measured
in the Reference Canyon, and if available, Watersheds in the SCC4VRP Program
Database
4.4 Review and Analyze Existing Data for Correlations Between Constituents of
Concern and AB411 Violation and Other Violations
45 Coordinate with the City's GIS Division and provide Pollutant and Flow Data to
GIS is a usable electronic form.
4.6 Provide Recommendations Regarding Future Monitoring (these recommendations
will be provided in the Watershed Assessment Report in Task 5)
Schedule Milestone: Submittal of Draft and Final QAPP
Task 5 — Watershed Assessment Report
This task includes the preparation of the Draft and Final Watershed Assessment Report.
The Watershed Assessment Report will present the findings of the dry weather source
identification study and the wet and dry weather flow and water quality monitoring
programs. Recommendations for future montoring and special studies will be included.
The results of the pollutant loading evaluations under Task 5 will also be presented.
Schedule Milestone: Submittal of Draft and Final ff atershed Assessment Report
n
Table 1. Summary of proposed monitoring elements for the Newport Coast Flow and Water
Quality Assessment.
Ocean Plan constituents at Ocean Plan constituents at
mouth (App. C) for one mouth (App. C) for one
Constituents to event, focused constituent event, focused constituent
he analyzed list for other even: and at 6 list for other event and at 2
uostream sites within the upsneam sites within the
waiars r. : 2. wate ar : 2)
Sampling Sites I MLS at mouth and up to 4
and Locations sites within the watershed
MLS at mouth and up to 2
sites within the watershed
Focused constituent
Focused constituent
list at mouth and up
Now sensor ano gran
to 2 aternate sites
Sampling Sites
MLS at mouth and up to 6
MLS at mouth and up to 2
sample at mouth,
Stream rating and
and Locations
upstream sites within the
upstream sites within the
stream rating and
grab sample at mouth
be analyzed
watershed
watershed
grab sample at up to
list (Table 2)
watershed
watershed
2 altemate sites
Sampling
24 -hour automated
24 -hour automated
12 storm events
2 storm events
Frequency
composite at mouth, single
composite at mouth, single
Sampling Type
grabs and Flow
grabs and flow
Single grabs at all
Single grabs at all
and Duration
measurements at 6
measurements at 2
sites
sites
upstream sites within the
upstream sites within the
watershed
watershed
Sampling
Frequency
I Quarterly'
Quarterly'
I Quarterly'
I Quarterly*
Ocean Plan constituents at Ocean Plan constituents at
mouth (App. C) for one mouth (App. C) for one
Constituents to event, focused constituent event, focused constituent
he analyzed list for other even: and at 6 list for other event and at 2
uostream sites within the upsneam sites within the
waiars r. : 2. wate ar : 2)
Sampling Sites I MLS at mouth and up to 4
and Locations sites within the watershed
MLS at mouth and up to 2
sites within the watershed
Focused constituent
Focused constituent
list at mouth and up
list at mouth and up to
to 2 aternate sites
2 alternate sites
iTable 2r
rTable 21
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'.IZ 5t 60` ai mg..l:
with stream rating . I One station at mouth
with stream rating and
and one grab at I one grab at mouth
mouth
assumes two quarters for the program
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' Automated composite at
Automated composite at
Sam lin T e
p g YP
mouth, sincie grabs and
mouth, single grabs and
One composite over
One composite over
and Duration
flow measurements at 4
I flow measurements at 2
storm event
storm event
be analyzed
upstream, sites within the
upstream sites within the
list (Tab e 2)
list (Table 2)
watershed
watershed
Sampling
2 storm events
2 storm events
12 storm events
2 storm events
Frequency
assumes two quarters for the program
J i
Ocean Plan constituents at
Ocean Plan constituents at
mouth (App, C) for one
mouth (App. C) for one
Constituents to
event, focused constituent
event, focused constituent
Focus °c constituent
Focused constituent
be analyzed
list for other even± and at 4
list for other event and at 2
list (Tab e 2)
list (Table 2)
upstream sites within the
upstream sites within the
watershed (Table 2)
watershed (Table 2)
assumes two quarters for the program
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4. Fee Proposal
The table, belo'w provides the Reston Solutions current fee schedulee for each job classification
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Newport '-oast Flow and Water Quality Assessment- Fee Proposal
i€S +1
The table below provides the WRC Consulting Services current fee schedule for each job classification
The table below provides a nor -to- exceed amount for the services to be provided.
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Newport Coast Flow and Water Quality Assessment - Fee Proposal
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Table 2 — Labor Hour Summary
The chart below provides an estimate of the number of hours needed for each task for each job
classification in the scope of services.
3.4 re�are OAPP.
2 5 Cbnduct;Dq_'Neatrierimest gatior s
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Task 3 - Buck Gully Drainage Analysis.
Task 4- Polllitarit Loading Evaluations.
4. ?oilutapt:!;caging.;or Buck Gully
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'.4 ii ?rov:de Recommenda:.ms
Task 5- Watershed Assessment Report
:. �..
The table below provides the WRC Consulting Services current fee schedule for each job classification
The table below- provides a not- to- e,,;cecd amount for the sen'ices to be provided.
Newport Coast Flow and Water Quality Assessment — Fee Proposal
Task 2. -_53u ce easureml:r ; a6d. * ?er O'bali_v Mlonitcring
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— — M. S:1 332
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Newport Coast Flow and Water Quality Assessment — Fee Proposal
City of Newport Beach
BUDGET AMENDMENT
2004 -05
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 055
AMOUNT: 5125,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
To appropriate $125,000 of a larger Proposition 13 grant to be utilized for Newport Coast Watershed Assessment studies.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
REVENUE ESTIMATES (3601)
Fund /Division Account Description
255 48xx Prop 13 NCWS Grant
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed:
Signed:
Fin6ncial Approval: Administra.Dve Services Director
Administrative
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$125,000.00
Automatic
$125,000.00
Date
f Date
Date
Description
Division
Number
7255 Environmental Contributions Fund
Account
Number
C5100779 Newport Coast Watershed Assessment
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Fin6ncial Approval: Administra.Dve Services Director
Administrative
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$125,000.00
Automatic
$125,000.00
Date
f Date
Date